How police unleashed terror squads to torment protestors

Police in plain clothes and on top of unmarked vehicle patrol Kenyatta avenue, Nairobi during the anti-government protests on Thursday, August 08,2024 called by the GenZ`s dubbed Nane nane protests to force President William Ruto to resign. [Collins Kweyu,Standard]

Last week, the High Court ruled that police officers must wear name tags and identifiable service numbers during demonstrations.

This ruling has triggered many revelations that shed light on the disturbing activities of a covert unit within the police and NIS, initially designated to combat terrorism but allegedly repurposed to suppress political dissent, The Standard has learnt.

The unit, composed of both NIS and police officers, uses unmarked vehicles, disguises itself as anti-terror police, and employs extreme tactics such as abductions, torture, and extrajudicial killings to target protesters and critics of President William Ruto’s administration.

The court's intervention last week came amid growing concern over the state security forces’ harsh tactics to suppress dissent, including the deployment of covert officers targeting demonstrators.

High-placed security sources intimated to The Standard that the group has been raiding homes, matatus, protests, and leisure spots, taking individuals to secret locations for torture.

The rogue unit’s actions came under intense scrutiny following violent confrontations during nationwide protests against the Finance Bill 2024. Demonstrators, expressing frustration over the rising cost of living and new tax proposals, faced severe crackdowns, with reports indicating the involvement of these undercover officers in violent suppression.

Deputy President Rigathi Gachagua publicly condemned misuse of security forces for selfish political gains. Speaking in Mombasa in June, Gachagua criticised the NIS and police for being weaponised for political purposes.

“Noordin Haji must take responsibility for the deaths that have occurred, the chaos witnessed, and for failing Ruto, the government, and Kenya by not doing his job and advising correctly,” Gachagua said. 

The unit, lacking a clear command structure, operates under orders from outside police circles, terrorising both the rich and the poor alike.

“NIS officers abducted the son of Justin Muturi commando style. If they can abduct Muturi’s son, what about other Kenyans?” Gachagua said. Muturi was Attorney General then and is the current Public Service Cabinet Secretary.

This development flies in the face of pronouncements made by President Ruto soon after taking office.

During a joint interview at State House on January 4 last year, Ruto said former DCI boss George Kinoti was dismissed from his position for overseeing a team accused of multiple extrajudicial killings, which the President subsequently disbanded.

“I had a thorough meeting with IPOA, and we agreed that establishing another task force was unnecessary when IPOA’s mandate is to investigate how Kenyans ended up being killed in this manner, as if it were business as usual,” President Ruto said.

“Thirty bodies in Yala, 17 in Garissa, and there was a container here in Nairobi where people were being slaughtered, in a police station. How did we get there? What kind of rogue institution was that? That is why I fired Kinoti, because it is not right. There will be accountability,” Ruto said.

Speaking in April this year during the burial of the late Chief of the Kenya Defence Forces, General Francis Ogolla, Ruto acknowledged the toll of extrajudicial killings in Kenya.

“It is true that many Kenyans have lost their lives due to extrajudicial killings. To be clear, there shall never be extrajudicial killings or political assassinations. There will never be another occasion where we find bodies of Kenyans in River Yala. Not under my watch,” the President said. 

Director of Criminal Investigations Amin Mohamed dismissed claims that his office is involved in the recent kidnappings. He said the arrests are made only at official police stations. He claimed he does not know the whereabouts of the kidnapped individuals.

“The DCI is not involved in kidnappings. I wish I knew where the missing Kenyans are. Why would I kidnap anyone, and where would I even take them?” Amin posed.

A senior official familiar with police operations said the unit has been receiving orders from senior officials at State House and the Interior Ministry after profiling victims, mostly on social media.

“Of course, a top official at DCI knows the movement of the bulletproof Subaru. But I am not sure who is using Prados to abduct,” said the official, who declined to be named.

The police were also reluctant to comment on last week's court ruling which put a brake on nondescript police operations during protests

Justice Bahati Mwamuye ruled that all police officers display name tags and service numbers during protests. Plain-clothes officers must also remain unmasked and identifiable to ensure accountability and prevent the use of disguised officers.

“A conservatory order is hereby issued requiring the National Police to ensure full compliance with Paragraph 10 of the Sixth Schedule to the National Police Service Act,” read the ruling by Justice Mwamuye in part.

“This requires that all uniformed police officers or persons acting under the direction, control, or in support of the National Police Service shall at all times display a name tag or identifiable service number in a clearly visible part of their uniform when engaging with, providing security for, or dealing with individuals who are assembling, demonstrating picketing, or petitioning. And they shall not remove or obscure the same,” judge ruled.

According to the Kenya National Commission on Human Rights (KNCHR), the death toll from the protests has surged to 60, with 66 individuals reported missing.

The commission has highlighted the emergence of pro-government groups, including well-coordinated boda boda riders, who appeared to operate with police protection, further complicating efforts to ensure justice and accountability. 

Behind the kidnappings, which civil society groups believe have been sanctioned by the State, those who survive narrate harrowing tales.

During a parliamentary committee meeting, IPOA Commissioner John Waiganjo criticised the police for failing to adhere to legal standards.

“The police are breaking the law. Officers, even those in uniform, are not displaying their name tags and service numbers. Moreover, those in civilian clothing are also wearing hoodies, making their identities indistinguishable. We suspect there is a specific unit being deployed, apart from the ordinary deployment, to commit atrocities,” Waiganjo said.

IPOA has faced criticism for its perceived ineffectiveness in overseeing the police. The Constitutional Implementation Oversight Committee (CIOC) expressed concerns about IPOA’s response to recent abuses, highlighting issues such as excessive use of force and illegal home raids by hooded officers. The committee, chaired by Githunguri MP Gathoni Wamuchomba, said  the most pressing concerns were the extreme use of force during peaceful protests, the raiding of homes by hooded police officers, and the abduction of citizens.

On July 17, seasoned journalist Macharia Gaitho, speaking from Karen Police Station, shared the agonising experience he endured after being forcibly dragged out of his car.

The ordeal began when Gaitho, obstructed by a private vehicle as he left his home, sought refuge at the police station. Two cars trailed him, and unknown individuals dragged him into a white Probox.

"I was sandwiched between two men in civilian clothes, handcuffed, and assaulted," Gaitho recounted, his voice tinged with the pain of recollection.

"I don’t know who you are; you have not identified yourselves," he said.

The torment continued as his captors drove him down Lang'ata Road, making a stop at Lang'ata South Road. Here, they made calls to what Gaitho surmised were their superiors, though the nature of the conversations remained unclear. The ordeal took a further turn when they stopped at a Shell petrol station near Karen shopping centre. After humiliating him, they finally checked his ID.

The realisation of the mistake came as a crushing blow.

"You’re the same Francis Macharia Gaitho?" they asked, to which he confirmed, "Yes."

One of the abductors exited the vehicle to make more phone calls. When he returned, he asked for Gaitho’s phone number, which he refused to provide.

Victims like Billy Simani who goes by the nick name Crazy Nairobian, reveal the brutal realities faced by many during the protests. Simani’s abduction on June 21 came shortly after he participated in a demonstration against the Finance Bill 2024. His account paints a chilling picture of the extreme measures used by rogue units against activists.

Speaking to the media at the Central Police Station on June 8, Law Society of Kenya President Faith Odhiambo warned the police that the law would catch up with them.

“We will prosecute you, and we will hold you individually accountable,” she said.